CHINESE PASSENGERS ACT,
103
tion of any ship that has been seized or detained by him in pursuance of made on the provisions herein contained, notwithstanding that such ship is not reasonable brought in for adjudication, or, if so brought in, is declared not to be grounds. liable to forfeiture, if it is shown to the satisfaction of the Judge or Court before whom any trial relating to such ship or such seizure or detention is held that there are reasonable grounds for such seizure or detention; but if no such grounds are shown, such Judge or Court may award payment of costs and damages to any party aggrieved, and make such other order in the premises as he or it thinks just.
substituted
12. It shall be lawful for the Court before which any ship liable to Fine may be forfeiture under this Act is proceeded against to impose such a pecuniary for forfeiture. penalty as to the same Court shall seem fit, in lieu of condemning the ship, and in such case to cause the ship to be detained until the penalty is paid, and to cause any penalty so imposed to be applied in the same manner in which the proceeds of the said ship, if condemned and sold by order of the Court, would have been applicable.
cedure in criminal
cases.
13. All misdemeanors and other criminal offences punishable under Mode of pro- this Act shall be dealt with, tried, and judged of in the same manner as misdemeanors and other offences punishable under the Merchant Shipping Act, 1854, and all the rules of law, practice, or evidence applicable 17 & 18 Vict. to the last-mentioned misdemeanors and offences shall be applicable to misdemeanors and other offences under this Act.
c. 104.
*
14. Any Court, Justice, or Magistrate imposing any penalty under this Application Act for which no specific application is herein provided may, if it or of penalties. he thinks fit, direct the whole or any part thereof to be applied in compensating any person for any wrong or damage which he may have sustained by the act or default in respect of which such penalty is imposed, or in or towards payment of the expenses of the proceedings; and, subject to such directions or specific application as aforesaid, all penalties recovered in the United Kingdom shall be paid into the receipt of Her Majesty's Exchequer in such manner as the Treasury may direct, and shall be carried to and form part of the Consolidated Fund of the United Kingdom; and all penalties recovered in any British possession shall be paid over into the public Treasury of such possession, and form part of the public revenue thereof.
15. In any legal proceeding taken under this Act or in respect of the Written de- bond herein before required any document purporting to be the written clarations of commanders, declaration of any British Consul, or of the commander of any of Her &c., primâ Majesty's ships of war, or to be a copy of the proceedings of any Court of dence. Justice, shall, without any proof of signature, be received in evidence, in case it shall appear that such copy or declaration, if produced in the
*This act was repealed by 57 & 58 Vict. c. 60 s. 745 (The Merchant Shipping Act 1894) which however by section 746 expressly saves the Chinese Passengers Act 1855.
facie evi-